SF 2172 (LSB 5641XS (3) 91)

SENATE FILE 2172

BY  GREEN

A BILL FOR

An Act relating to marriage, including the grounds for dissolution of marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 595.4, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  Previous to the issuance of any license to marry, the parties desiring the license shall sign and file a verified application with the county registrar which application either may be mailed to the parties at their request or may be signed by them at the office of the county registrar in the county in which the license is to be issued. The application shall include the social security number of each applicant and shall set forth at least one affidavit of some competent and disinterested person stating the facts as to age and qualification of the parties. Upon the filing of the application for a license to marry, the county registrar shall file the application in a record kept for that purpose and shall take all necessary steps to ensure the confidentiality of the social security number of each applicant. All information included on an application may be provided as mutually agreed upon by the state registrar of vital statistics and child support services, including by automated exchange.
   b.  (1)  The parties desiring a license to marry may jointly elect to waive dissolution of marriage based solely on a breakdown of the marriage relationship by filing a waiver prescribed by the judicial branch. The waiver shall be filed with the county registrar at the time the verified application for a license to marry is filed.
   (2)  A waiver filed under this section shall mean that the parties would be subject to the grounds of dissolution of marriage provided in section 598.4A and shall only be valid if signed voluntarily by both parties.
    Sec. 2.  NEW SECTION.  598.4A  Dissolution of marriage —— grounds if no-fault divorce waived.
   1.  If the parties executed a waiver pursuant to section 595.4, subsection 1, paragraph “b”, a party may petition for dissolution of marriage only upon proof of any of the following:
   a.  The other party has committed adultery.
   b.  The other party has committed a felony and has been sentenced to imprisonment.
   c.  The other party has abandoned the matrimonial domicile for a period of one year or more and refuses to return.
   d.  The other party has physically or sexually abused the party seeking the order or dissolution or a child of one of the parties.
   e.  The parties have been living separate and apart continuously without reconciliation for a period of two years or more.
   2.  A waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, is presumed valid unless a party establishes by clear and convincing evidence that the waiver was not executed voluntarily or by fraud, duress, or coercion.
    Sec. 3.  Section 598.5, subsection 1, paragraph g, Code 2026, is amended to read as follows:
   g.  (1)  Allege If there is not a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, allege that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
   (2)  If there is not a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, allege one or more grounds for the dissolution specified in section 598.4A.
    Sec. 4.  Section 598.8, subsection 2, paragraph a, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  The parties have certified in writing one of the following:
   (a)  If there is not a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
   (b)  If there is a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, proof of one or more of the grounds alleged in the petition as specified in section 598.4A.
    Sec. 5.  Section 598.8, subsection 2, paragraph b, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  The petitioner has certified in writing one of the following:
   (a)  If there is not a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
   (b)  If there is a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, proof of one or more of the grounds alleged in the petition as specified in section 598.4A.
    Sec. 6.  Section 598.17, Code 2026, is amended to read as follows:
   598.17  Dissolution of marriage —— evidence.
   1.  A decree dissolving the marriage may be entered when the court is satisfied from the evidence presented of one of the following:
   a.  If there is not a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.
   b.  If there is a waiver executed pursuant to section 595.4, subsection 1, paragraph “b”, that there is satisfactory evidence of one or more of the grounds alleged in the petition as specified in section 598.4A.
   2.  The decree shall state that the dissolution is granted to the parties, and shall not state that it is granted to only one party.
   2.  3.  If at the time of trial petitioner fails to present satisfactory evidence that there has been a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved, or of one or more of the grounds alleged in the petition as specified in section 598.4A, the respondent may then proceed to present such evidence as though the respondent had filed the original petition.
   3.  4.  A dissolution of marriage granted when one of the spouses has mental illness shall not relieve the other spouse of any obligation imposed by law as a result of the marriage for the support of the spouse with mental illness. The court may make issue an order for the support or may waive the support obligation when satisfied from the evidence that it would create an undue hardship on the obliged spouse or that spouse’s other dependents.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to marriage, including the grounds for dissolution of marriage.
   The bill provides that parties applying for a marriage license may also submit a waiver to waive dissolution of marriage based solely on a breakdown of the marriage relationship. The waiver, as prescribed by the judicial branch, must be signed voluntarily by both parties and filed with the county registrar at the time the application for a marriage license is filed.
   The bill creates grounds for dissolution of marriage for parties who filed a waiver with their marriage license. To dissolve the marriage, a party must provide proof that the other party committed adultery, committed a felony and was sentenced to imprisonment, has abandoned the marriage home for more than a year and refuses to return, has physically or sexually abused the party or a child of one of the parties, or that the parties have been living separately for at least two years. If the parties file a waiver, the waiver is presumed valid unless a party establishes by clear and convincing evidence that the waiver is not executed voluntarily or by fraud, duress, or coercion.
   The bill makes conforming changes in Code chapter 598 (dissolution of marriage and domestic relations) to reflect the difference in applicable grounds contingent upon whether or not the parties filed a waiver.